COMPETITION HANDBOOK

ENSAYO 2012

Organized by the Centre for Advanced Study in International Humanitarian Law, RGNUL in collaboration with the International Committee of the Red Cross (ICRC),

Regional Delegation for South Asia, New Delhi, India

4th South Asian Essay Writing Competition on International Humanitarian Law

CENTRE FOR ADVANCED STUDY IN

INTERNATIONAL HUMANITARIAN LAW

RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB

INDIA

ENSAYO 2012 4th South Asian Essay Writing Competition on

International Humanitarian Law

Chief Coordinator

Ms. Sangeeta Taak,

Centre Coordinator,

CASH

Student Coordinators

Mr. Rishab Raturi

Mr. YASHASVI NAIN

MR. JATIN GARG

Mr. tathagat chatterjee

Ms. Ashwarya Chauhan

Ms. Arpna

Prof. (Dr.) Paramjit S.

Jaswal

Vice Chancellor,

RGNUL, Punjab,

India

Dr. Sanoj Rajan

Legal advisor for

academic circles,

The icrc regional

delegation for south

asia, New delhi

Prof. (Dr.) G.I.S. Sandhu

Registrar,

RGNUL, Punjab,

India

Advisory Committee

Announcement: 31 March 2012

Last day for Submission: 15 June 2012

Declaration of Results: 31 July 2012

Prize Distribution: 2nd week of August 2012

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Index

ABOUT CASH

4

ABOUT ICRC

5

ABOUT RGNUL

6

ABOUT ENSAYO

7

ENSAYO 2012 : CONCEPT NOTE

9

SUBMISSION GUIDELINES

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About CASH 4

International Humanitarian Law (IHL) is a set of procedures, which seeks for humanitarian causes, to limit the effects of armed conflict. The subject of IHL has assumed immense significance in India since nearly a decade and is offering fresher avenues for law graduates in the 21st Century. Therefore, creating awareness and concern among the students, so that they respect and promote its development, and are, able to sensitize general public about the provisions of IHL, is an essential task to include International Humanitarian Law as a subject at academic level. The aim of CASH is. To promote teaching and research in the area of IHL. To ensure that the future leaders and opinion makers understand practical relevance of IHL and have a

thorough knowledge of its basic principles. It has been working to achieve this aim by promoting various research activities and organizing various events.

Events organized by CASH: In 2007‐08, with the copious financial and logistic support of the International Committee of Red Cross

(Regional Delegation, New Delhi) RGNUL organized “The LAWASIA Moot Court Competition”, followed by a “One Day Sensitization Programme on International Humanitarian Law” and “The Bar Council of India Moot Court Competition”.

CASH in collaboration with The Indian Campaign on International Criminal Court (ICC‐India) organized

a “Training of the Trainers Programme (TOT) on International Criminal Law (ICL)” from 27th February 2009 to 1st March 2009.

CASH organized second “Training of the Trainers Programme (TOT) on International Criminal Law

(ICL)” from 27-29 January, 2012 in which Dr. Sanoj Rajan, Academic Responsible In charge, ICRC, New Delhi, Prof. (Dr.) Sheshaiah Shasthri, NLU Jodhpur, Prof. (Dr.) David Ambrose, University of Madras, Ms. Sowmya K.C, Legal Officer, ICRC, New Delhi, Prof. (Dr.) G.I.S. Sandhu, Registrar, RGNUL were important speakers.

Annual Essay Writing Competition on International Humanitarian Law, known as ENSAYO.

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About ICRC The ICRC is an independent and neutral humanitarian organization ensuring humanitarian protection and assistance for victims of war and armed violence. It takes action in response to emergencies and promotes respect for International Humanitarian Law and its implementation in countries around the world. One of the mandates of ICRC is to promote knowledge of humanitarian law among those whom it intends to protect - the civilian population and among those who have to apply it – the combatants. For the ICRC, partnerships with universities are vital in its efforts to foster respect for international humanitarian law. By encouraging universities to offer courses on IHL and initiating activities in this subject, the ICRC reaches out to the next generation of leaders and decision makers. The ICRC has taken a number of steps to achieve this in the South Asian region. The ICRC, through its Delegations in South Asia, especially Regional Delegation for South Asia at New Delhi is closely involved in promoting International Humanitarian Law in academic institutions in this region. Thus, the Regional Delegation regularly organizes events like ‘South Asian Teaching Session on International Humanitarian Law’ for academicians, military officers, diplomats and NGO's. It also organises Teachers Training Programme for the University Professors from the faculties of Law, Political Science, International Studies, Journalism and Mass Media etc. It supports research and publications in this field and also publishes a journal on International Humanitarian Law along with its partner institution. It organizes academic events on specific aspects of International Humanitarian Law such as the International Criminal Court, the Additional Protocols of 1977, the issue of anti-personnel landmines etc. The delegation also accepts students for internships, has established a documentation Centre on its premises, supports libraries of academic institutions by providing publications on International Humanitarian Law, holds moot court and essay-writing competitions and arranges other academically oriented events. Since 1999, together with its partner institutions like the Indian Society of International Law, NALSAR University of Law and IGNOU it has launched various academic courses in International Humanitarian Law. It must be stressed that as an imperative these activities of the ICRC Regional Delegation in New Delhi are conducted in collaboration with universities and other educational institutions in the region and with academic societies. Academic institutions have generally shown a keen interest in introducing International Humanitarian Law into higher education. As a result, there is considerable awareness of its importance among the academic communities in South Asia.

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About RGNUL 6 "Our endeavour is to serve the society through reforms in legal services by the way of preparing professionally competent lawyers, inquisitive researchers, able administrators, conscientious judicial officers, and above all, socially responsible citizens, who shall be whole-heartedly and continuously engaged in the process of nation building . . ."

Rajiv Gandhi National University of Law (RGNUL), Punjab, was established by the State Legislature of Punjab by passing the Rajiv Gandhi National University of Law, Punjab Act, 2006 (Punjab Act No. 12 of 2006). The Act incorporated a University of Law of national stature in Punjab, in so doing fulfilling the need for a Centre of Excellence in legal education in the modern age of globalization and liberalization. RGNUL started functioning from its Headquarters-Mohindra Kothi, The Mall, Patiala w.e.f. 26 May 2006. The University acquired approval of the Bar Council of India (BCI) in July 2006. The University also got registered with the University Grants Commission (UGC), New Delhi under Section 2(f) of the University Grants Commission Act, 1956 and has been declared fit to obtain grant from the (UGC) under Section 12-B of the UGC Act, 1956.

Presently, RGNUL is operative from a heritage building of the former Patiala State, the Mohindra Kothi, at The Mall, located in the heart of Patiala city in a pollution free environment. Keeping in view the requirements of a National University of Law, necessary infrastructure has been developed like classrooms, lectures halls, computer labs, library, reading hall, health centre, gymnasium and other sports facilities. There are separate buildings for the Administrative Block, Academic Block, Library, Hostels, Mess House, Canteen and so forth to cater the needs of a national institution.

RGNUL has a well-equipped and computerized Central Library with near about 20,000 titles in addition to specialized libraries of the Research Centers. There are two advanced Computer Labs with 60 computers and leased line internet connectivity. The University is fully residential with boys and girls staying in separate hostels. The RGNUL Campus is Wi-Fi enabled which extends to the respective hostels round the clock.

The main campus of the University is coming up at Village Sidhuwal, Bhadson Road, Patiala in an area of 50 Acres of land. A State-of-the-art campus has been designed. The fully residential and self-sufficient campus will have Administrative cum-Academic Block, spacious Library, Auditorium, Sports Complex, Boys and Girls Hostels, Guest House, Community Hall, Health Centre, residences and various other facilities.

The University has also set up Centre for Advanced Study in Criminal Law (CASCL); Centre for Consumer Protection Law and Advocacy (CCPLA); Centre for Advanced Study in International Humanitarian Law (CASH); School of Agricultural Law and Economics (SALE); RGNUL Institute for Competitive Examination (RICE); Bureau of Information for Study Abroad (BISA) and Directorate of Distance Education (DODE). The objective of these Centres is to undertake advanced study and research in the emerging areas of the respective fields, independently or in collaboration with professional institutions at the national or international levels; to bring about publications and produce study material in the respective fields of knowledge; organize seminars, workshops and conferences on contemporary and significant issues. School of Law of the Indira Gandhi National Open University (IGNOU), New Delhi has also set up a Study Centre at RGNUL, Patiala under its Regional Centre at Khanna (Punjab). For the first time, a Post Graduate Certificate Course in Cyber Laws (PGCCL) has started from January 2009 as the Distance Learning Programme of the IGNOU from the RGNUL Campus.

RGNUL is also a member of a number of professional organizations of national and international stature like the Asian Law Institute (ASLI), Singapore; Commonwealth Legal Education Association (CLEA); Forum of South Asian Clinical Law Teachers (FSACLT), Goa; Indian Economic Association (IEA); Indian Institute of Comparative Law (IICL), Jaipur; Indian Institute of Public Administration (IIPA), New Delhi; Indian Law Institute (ILI), New Delhi; Indian Political Science Association (IPSA); Indian Society of Criminology (ISC), Madras; Indian Society of International Law (ISIL), New Delhi; Institute of Constitutional and Parliamentary Studies (ICPS), New Delhi; International Association of Law Schools (IALS), and International Law Students Association (ILSA), United States of America.

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About ENSAYO 7 CASH at RGNUL has the credit of having organized an independent Essay Writing Competition on IHL for the first time in India. The first ever ENSAYO was conducted in 2009, and its 4th edition is being conducted in 2012 in association with the Regional Delegation of the ICRC at New Delhi.

ENSAYO 2009

Topic: Effect of war on children, family, environment and heritage

ENSAYO 2010

Topic: Women and War

The winners of ENSAYO 2010 were honoured in the function organized to celebrate the 61st Anniversary of the Geneva Conventions on 12th August, 2010. Mr. Navjot Singh Sidhu, Member of Parliament, was chief guest and Mr. Mahesh Bhatt, Film Director and Ambassador, ICRC was the Guest of Honour. The session was presided by Dr. Sanoj Rajan (ICRC, Regional Delegation, New Delhi), Prof. Y.S.R. Murthy (Jindal Global Law School, Haryana) and Prof. S.R.S. Bedi (RGNUL, Punjab).

ENSAYO 2011

Award Name Institution Prize Money

1st Prize Mr. Mrinal Shankar School of Law,

Christ University,

Bengaluru

INR 10,000

2nd Prize Mr. Priyank Kapadia NALSAR Univer-

sity of Law, Hy-

derabad

INR 7,500

3rd Prize Ms. Preetika Mishra Rajiv Gandhi Na-

tional University of

INR 5,000

Award Name Institution Prize Money

1st Prize Mr. Ashish Ransom RML National Uni-

versity of Law,

Lucknow.

INR 15,000

2nd Prize Ms. Preetika Mishra Rajiv Gandhi Na-

tional University of

Law, Punjab

INR 10,000

3rd Prize Mr. Sudhanshu Kumar Chankya National

Law University,

Patna

INR 7,000

Topic: Health Care and Armed Conflict

The winners were awarded the prizes in the award ceremony conducted at Rajiv Gandhi National University of Law, Punjab, which was followed by the Round Table Conference presided by Dr. Sanoj Rajan, Academic Programmes Responsible for the ICRC South Asian Regional Delegation and Brg. Gen. William Bowie, Armed Forces Delegates.

Award Name Institution Prize Money

1st Prize Ms. Sahana Pal Gujarat Na-

tional Law Uni-

versity, Gandhi-

nagar

INR 25,000

2nd Prize Ms. Nanditta Batra UILS, Panjab

University,

Chandigarh

INR 15,000

3rd Prize Mr. Piyush Khanna Rajiv Gandhi

National Uni-

versity of Law,

Punjab

INR 10,000

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ENSAYO 2012 : Concept Note 9

Certain weapons continue to injure and kill even long after hostility has ended. Explosive Remnants of War (ERW) are one such weapon that remain and continue to take innocent lives. ERW is a term used in the humanitarian aid and sustainable development domain to describe the explosive i.e. threats remaining in post-conflict society[1]. It comprises artillery shells, grenades, motor bombs, cluster munitions, rockets and missile.

The difficulty with ERW is that it is a constant danger to civilians and has grown steadily in the past few years and today an estimate of 84 countries are facing the long term problems caused by ERW[2]. Every year these unexploded and abandoned explosive miscellanies of war claim the lives and limbs of thousands of men, women and children indiscriminately. This inflicts tremendous fear and economic hardship. Countries like Laos, Cambodia, Kosovo, Iraq, Afghanistan, Lebanon and many more have experienced severe casualty due to these weapons[3].

Despite several movements internationally, there continues to be no comprehensive solution to address completely humanitarian concerns[4]. In this context, the role of States and Organizations such as ICRC, National Red Cross/ Crescent Societies and NGO’s increases manifold in spreading awareness regarding the hazards involved in using such lethal weapons which takes lives not only of the military/ army personnel but also of the people living in and around the affected areas. Another important aspect in limiting the menace caused by such weapons is to ensure that the states must adhere to international treaties, clear the affected areas, reduce risk and assist the victims.

All these are limited areas of concerns related to the use of deadly and explosive remnants of war that needs a continuous debate and discussion and commitment amongst the international community.

[1] Learn Explosive Remnants of War cited in http://www.minesaction.org/leran/explosive-remnants last visited on 2.3.2012.

[2] “Explosive Remnants of War: Preliminary Findings”, Landmine Action, paper presented to the Group of Government Experts on ERW, Geneva, December 2002 cited in Explosive Remnants of War – The lethal legacy of modern armed conflict, Booklet published by ICRC.

[3] Explosive Remnants of War – the lethal legacy of modern armed conflict, Booklet published by ICRC.

[4] Supra note no.1

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Submission Guidelines 10

Participation

Presentation

1. The ENSAYO Essay competition is open to students from the disciplines of Law, Political Science, Sociology, Psychology, Defense Studies, International Relations, Medical Sciences, Mass Media and Journalism from Afghanistan, Bangladesh, Bhutan, India, Maldives, Myanmar, Nepal, Iran, Pakistan and Sri Lanka.

2. Each participant shall be permitted to submit only one individual entry. 3. Joint entries shall not be permitted. 4. There is no Registration Fee for the competition. 5. To participate in the essay competition, participants must submit their essay along with the required details by

June 15, 2012.The Essay should be submitted in MS WORD format only. 6. The last date of submission is June 15, 2012 latest by 23:59 hours Indian Standard Time. Submissions will be

accepted till two days after the last date of submission, with a penalty of 1 mark per day. 7. The essay must contain an abstract not exceeding 200 words mentioning the key issues and setting out the

main conclusions reached. 8. No part of the essay (except the cover page) should contain any form of identification of the participant. 9. There is no hard-copy submission of the essay.

1. The participants may choose to write on any topic within the ambit of the broader theme of the competition i.e. “Explosive Remnants of War”,

2. Submission must not exceed 3500 words (exclusive of footnotes). 3. Violation of the word limit will result in a penalty of 1 marks per 50 words exceeded. 4. Te essay must include references in the form of footnotes. The Oxford Standard for Citation of Legal

Authorities (OSCOLA) should be followed for the citations. 5. All submissions must be original and bona fide work of the participants; plagiarism will result in

automatic disqualifications. The contestants by entering in the contest agree to indemnify the organizers from and against all claims, suits, and damages based on any claim of copyright infringement or plagia-rism or unauthorized use.

6. All entries shall be considered to be the property of the centre for Advanced Study in International Hu-manitarian Law (CASH) which reserves the right of publication of the same in any book, journal, or in any other manner as it may deem appropriate, without providing any royalty or compensation.

7. The essay should not have been submitted in any other competition and/or for publication whatsoever. 8. All the essays should follow the following specifications:

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Submission Guidelines 11

Marking Criteria

Awards

1. Each essay will be marked on a total of 100 marks. 2. The marking criteria for the entries shall be as follows:-

1. A certificate of merit and cash prizes shall be awarded to each of the three best essays. 2. Certificate of participation will be given to all participants. 3. All winners shall be duly intimated by e-mail. 4. The cash prizes shall be as follows:-

Font

Text & Footnote: Times New

Roman

Font Size

Text: 12

Footnote: 10

Line Spacing

1.5

Alignment

Justify

Footnoting Style

The Oxford Standard for

Citation of Legal Authorities (OSCOLA)

Ingenuity/ Originality

30 Marks

Quality of Re-search

30 Marks

Structure and Clarity

20 Marks

English/ Grammar

10 Marks

Presentation (Formatting)

10 Marks

First Prize

INR 25,000/-

Second Prize

INR 15,000/-

Third Prize

INR 10,000/-

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Guidelines 12

"Organisers reserve the right to vary, repeal, alter any of the

rules if so required as they deem appropriate."

5. Contact Details Queries- query@ensayo.in

Submissions- submissions@ensayo.in Chief Coordinator Ms. Sangeeta Taak, +91-9872777330 Student Coordinators

Mr. Rishab Raturi, ……………………………………………………..+91-8054124947 Mr. Yashasvi Nain, ……………………………………………………+91-9463834069 Mr. Jatin Garg, ………………………………………………………...+91-9988722644 Mr. Tathagat Chatterjee, ……………………...……………………….+91-9876556483 Ms. Ashwarya Chauhan, …………………………………………….. +91– 8586841709 Ms. Arpna, …………………………………………………………….+91– 9888864285

For regular updates, please visit the official competition website: www.Ensayo.in

CENTRE FOR ADVANCED STUDY IN

INTERNATIONAL HUMANITARIAN LAW(CASH)

RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB

MOHINDRA KOTHI, THE MALL,

PATIALA, INDIA

PHONE NO: +91—175—2304188, 2304491, FAX: +91—175—2304189

WEBSITE: www.rgnul.ac.in, E-MAIL: info@rgnulpatiala.org